To: | Allovue, LLC (dschaffer@milesstockbridge.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87415923 - BALANCE - 100349-22423 |
Sent: | 2/21/2018 10:22:09 AM |
Sent As: | ECOM105@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87415923
MARK: BALANCE
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Allovue, LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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SUSPENSION NOTICE: NO RESPONSE NEEDED
ISSUE/MAILING DATE: 2/21/2018
This Office action is in response to applicant’s communication filed on January 19, 2018.
In a previous Office action dated July 19, 2017, the trademark examining attorney refused registration of the applied-for mark based on Trademark Act Section 2(d) for a likelihood of confusion with the marks in U.S. Registration Nos. 2996385, 5054607, 2495334, 3914800, 3286873, 3455357, and 4152646. In addition, applicant was advised that the filing dates of pending U.S. Application Serial Nos. 87241218 and 86783774 preceded applicant’s filing date.
Based on applicant’s response, the Trademark Act Section 2(d) for a likelihood of confusion with the marks in U.S. Registration Nos. 3914800, 3286873, and 3455357 has been withdrawn. See TMEP §§713.02, 714.04.
The trademark examining attorney is suspending action on the application for the reason stated below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
The effective filing dates of the pending applications identified below precede the filing date of applicant’s application. If the marks in the referenced applications register, applicant’s mark may be refused registration under Section 2(d) because of a likelihood of confusion with that registered marks. See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, action on this application is suspended until the earlier-filed referenced applications are either registered or abandoned. 37 C.F.R. §2.83(c). A copy of information relevant to these referenced applications was sent previously.
- Application Serial Nos. 87241218 and 86783774
REFUSAL CONTINUED AND MAINTAINED: The Trademark Act Section 2(d) for a likelihood of confusion with the marks in U.S. Registration Nos. 2996385, 5054607, 2495334, and 4152646 is continued and maintained. The examining attorney has reviewed the applicant’s arguments against the refusal to register and finds them without merit. The arguments will be discussed at length in either a new non-final refusal, should Application Serial Nos. 87241218 and/or 86783774 register, or a final action, whichever is appropriate.
The USPTO will periodically conduct a status check of the application to determine whether suspension remains appropriate, and the trademark examining attorney will issue as needed an inquiry letter to applicant regarding the status of the matter on which suspension is based. TMEP §§716.04, 716.05. Applicant will be notified when suspension is no longer appropriate. See TMEP §716.04.
No response to this notice is necessary; however, if applicant wants to respond, applicant should use the “Response to Suspension Inquiry or Letter of Suspension” form online at http://teasroa.gov.uspto.report/rsi/rsi.
/Monica L. Beggs/
Examining Attorney
Law Office 105
(571) 272-6614
monica.beggs@uspto.gov
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.